When undertaking construction or renovation projects that may impact adjoining properties. It’s crucial to understand the legal obligations regarding notification to neighbouring property owners. This is particularly pertinent in cases where the adjoining property comprises multiple units, such as flats owned by leaseholders.
Under Party Wall Act, definition of an owner encompasses any party with interest in adjoining property lasting more than 12 months. This includes both freehold and leasehold owners. Provided their lease has a duration exceeding 12 months – a common scenario in leasehold arrangements.
The specific provisions in Sections 1, 2 and 6 of the Act determine whom to notify about proposed works. Sections 1 and 2 generally pertain to works affecting party walls or structures shared by adjoining properties. Typically require notification to all affected owners, including leaseholders.
However, Section 6
Which deals with excavation works near the boundary, presents a slightly more nuanced situation. The Act specifies that if a building owner intends to excavate within three metres horizontally from any part of a building. The adjoining owner’s structure requires notification. Furthermore, if the proposed excavation extends to a lower level than the bottom of the adjoining owner’s foundations, notification is necessary.
In the context of properties with multiple units, such as flats within a building. Determining which leasehold owners must be notified under Section 6 can be less straightforward. While the Act does not explicitly define this aspect, it’s generally interpreted that all leasehold owners whose units are within the three-metre horizontal distance should be notified. This interpretation aims to ensure that all affected parties are aware of the potential risks associated with excavation works. Regardless of their unit’s position within the building.
In specific circumstances of a project and the potential impact on each unit, discretion may be exercised. For instance, some argue that notification to leaseholders of upper-floor flats may not be necessary. The risk of damage is lower for units located above the ground floor.
Ultimately, the key is to justify the decision regarding notification based on a thorough assessment of the project’s scope, potential risks, and legal requirements. Consulting with a party wall surveyor or legal expert can provide valuable guidance in navigating these complexities. Ensuring compliance with the Party Wall Act while maintaining positive relationships with neighbouring property owners.